1950_WAR_DAMAGED_SITES_ORDINANCE — Page 5

HK Historical Laws 香港歷史法例 All AI Reviewed

War Damaged Sites.

but together with interest at the rate of four per cent per annum from the date of such certificate to the date of payment thereof : Provided that the Governor in Council may in such case or cases as he thinks fit waive the payment of such interest.

(5) Nothing in this Ordinance contained shall prevent the exercise by the Crown of any other rights for the recovery of such charge in particular the right of re-entry where that arises by deed, lease, agreement or otherwise.

(6) If a net profit results from the sale or disposal of material removed from a war damaged site after all clearance measures that the Director deems necessary thereon have been effected and all charges authorized in respect thereof under this Ordinance have been deducted then the amount of such net profit shall be notified to the owner if his whereabouts can be ascertained and paid to him on request or if not requested shall be dealt with in accordance with the Unclaimed Balances Ordinance.

[CAP. 264

(Cap. 122.)

covenants to maintain.

6. Where the Director has reason to suppose that by breach of a covenant or condition enforceable against him an owner has unfulfilled responsibilities relating to the maintenance or upkeep of a building on a war damaged site and whether the Director has taken any steps further than to declare the site a war damaged site or not, he may serve upon such owner a notification in accordance with Form 4 in the Schedule, with such modifications as appear to be necessary, requiring the owner to state within the same period of three weeks what period he requires to fulfil such responsibilities.

7. (1) In the event of re-entry for breach of an owner's covenants in respect of non-payment of a charge certified under section 5, or re-entry for breach of an owner's covenant relating to maintenance or repair of a building on a war damaged site, or if a site re-entered upon for other reasons is subsequently declared by the Director to be a war damaged site, the Director shall cause a new lease of such land to be sold by public auction upon such terms as the Governor may approve.

(2) The price or premium realized from such auction shall be retained towards satisfaction of any charge and interest thereon and proper costs and charges in connexion therewith.

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War Damaged Sites. but together with interest at the rate of four per cent per annum from the date of such certificate to the date of payment thereof : Provided that the Governor in Council may in such case or cases as he thinks fit waive the payment of such interest. (5) Nothing in this Ordinance contained shall prevent the exercise by the Crown of any other rights for the recovery of such charge in particular the right of re-entry where that arises by deed, lease, agreement or otherwise. (6) If a net profit results from the sale or disposal of material removed from a war damaged site after all clearance measures that the Director deems necessary thereon have been effected and all charges authorized in respect thereof under this Ordinance have been deducted then the amount of such net profit shall be notified to the owner if his whereabouts can be ascertained and paid to him on request or if not requested shall be dealt with in accordance with the Unclaimed Balances Ordinance. [CAP. 264 (Cap. 122.) covenants to maintain. 6. Where the Director has reason to suppose that by breach of a covenant or condition enforceable against him an owner has unfulfilled responsibilities relating to the maintenance or upkeep of a building on a war damaged site and whether the Director has taken any steps further than to declare the site a war damaged site or not, he may serve upon such owner a notification in accordance with Form 4 in the Schedule, with such modifications as appear to be necessary, requiring the owner to state within the same period of three weeks what period he requires to fulfil such responsibilities. 7. (1) In the event of re-entry for breach of an owner's covenants in respect of non-payment of a charge certified under section 5, or re-entry for breach of an owner's covenant relating to maintenance or repair of a building on a war damaged site, or if a site re-entered upon for other reasons is subsequently declared by the Director to be a war damaged site, the Director shall cause a new lease of such land to be sold by public auction upon such terms as the Governor may approve. (2) The price or premium realized from such auction shall be retained towards satisfaction of any charge and interest thereon and proper costs and charges in connexion therewith. 145 Page 5 Page 6
Baseline (Original)
! War Damaged Sites. but together with interest at the rate of four per cent per annum from the date of such certificate to the date of pay- ment thereof : Provided that the Governor in Council may in such case or cases as he thinks fit waive the payment of such interest. (5) Nothing in this Ordinance contained shall prevent the exercise by the Crown of any other rights for the recovery of such charge in particular the right of re-entry where that arises by deed, lease, agreement or otherwise. (6) If a net profit results from the sale or disposal of material removed from a war damaged site after all clearance measures that the Director deem necessary thereon have been effected and all charges authorized in respect thereof under this Ordinance have been deducted then the amount of such net profit shall be notified to the owner if his where- abouts can be ascertained and paid to him on request or if not requested shall be dealt with in accordance with the Unclaimed Balances Ordinance. an [CAP. 264 (Cap. 122.) covenants to 6. Where the Director has reason to suppose that by Breach of reason of a covenant or condition enforceable against him maintain. owner has unfulfilled responsibilities relating to the maintenance or upkeep of a building on a war damaged site and whether the Director has taken any steps further than to declare the site a war damaged site or not, he may serve upon such owner a notification in accordance with Form 4 in the Schedule, with such modifications as appear Schedule. to be necessary, requiring the owner to state within the same period of three weeks what period he requires to fulfil such responsibilities. Form 4. by auction. 7. (1) In the event of re-entry for breach of an power to sell owner's covenants in respect of non-payment of a charge certified under section 5, or re-entry for breach of an owner's covenant relating to maintenance or repair of a building on a war damaged site, or if a site re-entered upon for other reasons is subsequently declared by the Director to be a war damaged site, the Director shall cause a new lease of such land to be sold by public auction upon such terms as the Governor may approve. (2) The price or premium realized from such auction shall be retained towards satisfaction of any charge and interest thereon and proper costs and charges in connexion 145 Page 5Page 6
2026-05-04 01:43:53 · Baseline
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!

War Damaged Sites.

but together with interest at the rate of four per cent per annum from the date of such certificate to the date of pay- ment thereof : Provided that the Governor in Council may in such case or cases as he thinks fit waive the payment of such interest.

(5) Nothing in this Ordinance contained shall prevent the exercise by the Crown of any other rights for the recovery of such charge in particular the right of re-entry where that arises by deed, lease, agreement or otherwise.

(6) If a net profit results from the sale or disposal of material removed from a war damaged site after all clearance measures that the Director deem necessary thereon have been effected and all charges authorized in respect thereof under this Ordinance have been deducted then the amount of such net profit shall be notified to the owner if his where- abouts can be ascertained and paid to him on request or if not requested shall be dealt with in accordance with the Unclaimed Balances Ordinance.

an

[CAP. 264

(Cap. 122.)

covenants to

6. Where the Director has reason to suppose that by Breach of reason of a covenant or condition enforceable against him maintain.

owner has unfulfilled responsibilities relating to the maintenance or upkeep of a building on a war damaged site and whether the Director has taken any steps further than to declare the site a war damaged site or not, he may serve upon such owner a notification in accordance with Form

4

in the Schedule, with such modifications as appear Schedule. to be necessary, requiring the owner to state within the same period of three weeks what period he requires to fulfil such responsibilities.

Form 4.

by auction.

7. (1) In the event of re-entry for breach of an power to sell owner's covenants in respect of non-payment of a charge certified under section 5, or re-entry for breach of an owner's covenant relating to maintenance or repair of a building on a war damaged site, or if a site re-entered upon for other reasons is subsequently declared by the Director to be a war damaged site, the Director shall cause a new lease of such land to be sold by public auction upon such terms as the Governor may approve.

(2) The price or premium realized from such auction shall be retained towards satisfaction of any charge and interest thereon and proper costs and charges in connexion

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